Lawyers scuffle at court over bail hearing of Maj (retd) Akhtaruzzaman

During the hearing of Major (Retd.) Akhtaruzzaman’s bail application, BNP and Jamaat-e-Islami supporting lawyers got involved in an uproar and altercation in the presence of the judge.

This incident took place on Sunday afternoon in the court of Magistrate Jamshed Alam at Dhaka Metropolitan Magistrate Court.

During the tension between the two groups of lawyers, the judge entered his chamber but later returned to conduct the hearing. Even then, there were arguments and scuffles between the BNP and Jamaat-affiliated lawyers.

Following the unexpected situation in the courtroom, as Akhtaruzzaman was being brought down from the court building after the hearing, BNP and Jamaat-affiliated lawyers again engaged in a scuffle. Each side blamed the other for the incident.

Akhtaruzzaman was arrested by police on Friday last in a case regarding chaos at Hazrat Shahjalal International Airport in Dhaka over a luggage and trolley crisis, obstruction to government work, and the accusation of assaulting an official.

After a one-day remand, he was presented in court on Sunday afternoon. The police sought an order to send him to jail, while Akhtaruzzaman’s lawyer applied for his bail.

Major (Retd.) Akhtaruzzaman, who was elected a Member of Parliament twice from BNP, joined Jamaat-e-Islami last December ahead of the 13th National Election.

A group of Jamaat-affiliated lawyers represented him in court today. Before the judge arrived at the bench, a dispute arose in the courtroom over space between pro-BNP lawyers and Jamaat-affiliated lawyers, leading to chaos and shoving between the two groups.

In this situation, the judge came to the bench at 2: 41 PM. Even after his arrival, the lawyers didn’t stop. The judge left the bench and went back to his chamber. When the situation calmed down a bit, the judge returned to the bench at 2: 45 PM.

At that time, Akhtaruzzaman, standing in the dock with his hand raised, requested permission from the judge, saying, "Ten lawyers will argue on my behalf. I am requesting permission for all ten to be heard."

During the hearing, there was again loud arguing and exchange of words between the two sides' lawyers in the presence of the judge.

Filing the application to keep Akhtaruzzaman detained in jail, the investigation officer of the case, Sub-Inspector Majedul Islam of the Airport Police Station, stated, during interrogation, the accused admitted to the truth of the incident and provided some information.

The obtained information from the accused is being verified. The investigation is ongoing comprehensively. In this situation, for the sake of a fair and unbiased investigation, it is imperative to keep the accused detained until the investigation is complete.

In the hearing, Akhtaruzzaman’s lawyer Abdur Razzak told the court, he (Akhtaruzzaman) is a former major and a several-time member of parliament. The allegations against him are false. This court granted permission for his interrogation yesterday. Today, after the remand, he has been brought to court. The allegation related to the airport incident is not his crime. As a conscious citizen, he has protested.

This lawyer argued that injustice and wrongdoing were done to Akhtaruzzaman at the airport, claiming many others also suffered from this hardship. Some of these incidents have been seen in videos on Facebook.

The conduct for which the case was filed was essentially his act of protest. Is protesting against injustice and wrongdoing a crime for a conscious citizen and a freedom fighter? As a freedom fighter, member of parliament, and former major, where everyone honours and respects him, injustice was done to him at the airport.

Claiming that Akhtaruzzaman was arrested for political reasons, his lawyer further told the court, "He is ill, suffering from various ailments. We are requesting his bail on any conditions. The sections submitted in the case are eligible for bail. We are requesting bail."

Meanwhile, another lawyer for the defence, Saifur Rahman, also applied for Akhtaruzzaman's bail.

Opposing the bail, the state lawyer Omar Farooq Farooqi told the court, "We have seen a video. In that, it seems this accused is behaving very badly at the airport. He is throwing items haphasardly. Protest is not a crime, but the language of protest should be like a protest. He did not protest there; he committed a crime. Assaulting someone can never be an expression of protest."

PP Omar Farooq further stated, "BNP has given birth to many leaders in this country. They forget after taking advantage. There are many such opportunists. They survived on our resources."

At this point, Jamaat-affiliated lawyers became agitated and protested. Akhtaruzzaman, standing in the accused dock, was seen smiling while looking at the PP and shaking his head to indicate 'no'.

The PP told the court, there can never be bail in this case. It is very necessary to know what power and support are behind such behaviour, for the sake of investigation. If the accused is granted bail, it will obstruct the investigation.

Protesting the prosecutor's statement, the defence lawyer Abdur Razzak said, "Yesterday, the PP called the accused 'discarded goods'. This cannot be a hearing. We protest."

At this stage of the hearing, at 3: 08 PM, lawyers of BNP and Jamaat-affiliated groups again caused an uproar. The judge then instructed them to stop.

At that time, the defence lawyers argued, "Considering age, physical condition, and illness, we are seeking the accused’s bail. This is a bailable case. He deserves bail." Objecting to this statement, the PP said, "Akhtaruzzaman has sided with the fascists and participated in illegal elections. He spoke against the July movement. To save himself after that, he joined Jamaat who have also sheltered him to give us slander. Jamaat fosters some people just for abusing the government, for questioning the government's development."

After hearing arguments from both sides, the court rejected the bail and ordered Akhtaruzzaman to be sent to jail.

After the court’s order, police, under strict security, escorted Akhtaruzzaman down the stairs. However, upon reaching the first floor, a noise and scuffle of BNP and Jamaat-affiliated lawyers were reported below the court building, and Akhtaruzzaman was held there for a moment.

At that time, BNP-supporting lawyers tried to disperse the Jamaat-affiliated lawyers and their supporters protesting below the court building. Both sides then got into a shoving and scuffling. Later, when police brought the situation under control, Akhtaruzzaman was brought down.

Later, in a briefing, the state's lawyer Omar Farooq Farooqi stated, "Jamaat wants to create mobs everywhere. That day, Akhtaruzzaman created a mob at the airport. Today, Jamaat's lawyers and their supporters from outside created a mob. Their intention is to worsen the situation by creating mobs. From the morning, I have seen them gathering. They had filled the courtroom beforehand."

On the other hand, Akhtaruzzaman's lawyer Abdur Razzak said, "What do they mean by outside people? We didn’t bring any outsiders. If every of the 35,000 lawyers have one client each, that makes 35,000 clients. What they are saying is not correct at all."